Chapter 105 Dam Safety and Waterway Management

Transcription

1 Chapter 105 Dam Safety and Waterway Management An overview PA Department of Environmental Protection Bureau of Watershed Management Division of Waterways, Wetlands, & Stormwater Management

2 Purpose The purposes of this chapter are to: Provide for the comprehensive regulation and supervision of impoundments, water obstructions and encroachments in order to protect the health, safety, welfare and property of the people.

3 Purpose cont. Protect the natural resources, environmental rights and values and conserve and protect the water quality, natural regime and carrying capacity of watercourses.

4 Definitions Encroachment a structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water Water obstruction A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water

5 Simple Definition Encroachment excavations, fill and structures in the stream or floodway (includes obstructions) Obstructions Only structures or fill in the stream or floodway (blockages)

6 Definitions cont. Regulated waters of this Commonwealth Watercourses, streams or bodies of water and their floodways Body of water a natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

7 Definitions cont. Floodplain The lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a 100-year frequency flood. Includes backwater

8 FLOODWAY Layman s definition Where actively moving floodwaters are occurring during 100 yr storm, not areas of back water; If you obstruct it (block it), additional flooding occurs on one bank or both

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11 500 year Floodplain Boundary Floodway Floodplain Boundary Floodway Noted

12 Regulated Waterways Watercourses, which are: Channels or conveyances of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow 105 does not regulate swales

13 Small streams River

14 Dry channel Stream in a field Stream in a wetland Stream in woods

15 Encroachment/ removing gravel from stream bed

16 Water obstruction/ culvert

17 Water obstruction/ bridge

18 This is also a fill in the floodway

19 Water obstruction/ fill placed in wetlands

20 What requires a permit? A Chapter 105 Water Obstruction and Encroachment permit is needed for any structure or activity which changes, expands, or diminshes the course, current or cross section of a watercourse, floodway or body of water

21 Authorizations Waiver General Permits (GPs) Projects qualify for a GP if they are designed and implemented in accordance with GP s criteria Joint Permit (Standard and Small Project) PA Water Obstruction and Encroachment Permit US ACOE Section 404 Permit * PA State Programmatic General Permit (PASPGP-3). PA attaches federal permit to a state permit

22 Waivers While the activity or structure is still regulated, permit requirements may be waived. However, these same activities or structures may require a permit if the Department finds the activity or structure to have a significant effect upon safety or the protection of life, health, property or the environment

23 Some Waivers 16 activities are waived, some examples: A dam 3 high in a stream 50 wide A water obstruction in a stream or floodway w/ drainage area 100ac. Plowing, cultivating, seeding or harvesting for crop production. Restoration activities which have been approved by the Department

24 Where Waivers may not apply Reasons not to waive a permit requirement: Environmental impacts i.e. T&E Species Water Quality Standards violations Protected Uses violations Disturbance to natural drainage patterns Potential stormwater impacts Impact to Wild Trout Waters Property issues Safety issues

25 General Permits (GPs)* GP-1 Fish Habitat Enhancement Structures GP-3 Bank Rehabilitation, Bank Protection and Gravel Bar Removal GP-4 Intake and Outfall Structures GP-5 Utility Line Stream Crossings *Applicant completes registration to use

26 Joint Permit requirements An application for a joint permit shall have the following provided with it: A site plan A location map Project description Color photographs Stormwater management anaylsis Floodplain management analysis Risk assessment

27 Joint Permit Regulatory Requirements Alternatives analysis Mitigation plan (avoid, reduce, minimize, compensate) Impacts analysis Other data required by Chapter 105 Additional information requested by the Department Proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan.

28 Federal Programmatic General Permit (PASPGP-3) One Stop Shop Many projects in Commonwealth waters and wetlands also require federal authorization. For certain projects DEP can attach federal SPGP permit to state permit When it applies, PASPGP-3 eliminates any need for redundant federal reviews

29 Coordination With other Agencies is Required by Law PA Fish and Boat Commission Game Commission Historic and Museum Commission Army Corp of Engineers US Fish and Wildlife

30 In Summary DEP regulates activities and structures in waters and floodways DEP requires authorizations/permits for these activities Even if the permit requirements are waived, the activity or structure is still regulated and plans may be a regulatory requirement for certain activities

31 Southwest Region & Cambria BAMR Waiver 16 & Permitting DRAFT Guidelines for AMD Projects Guidelines for watershed organizations and regional staff SW Region/BAMR Draft - possible statewide implementation Provide clarification regarding Ch. 105 Permit and restoration waiver (waiver 16) process for AMD and AML projects Region strives to keep submissions to the least complex level that still provides info needed for evaluation of impacts Help assure timely completion of watershed projects while also assuring compliance with applicable regulations

32 Waiver 16 Process Pre-Application Meeting Included in Waiver 16 Process Applicant (w/consultant, if applicable), Regional Review staff, BAMR or DMO rep. Very important for discussion of sitespecific issues Applicant will receive clear direction on submission requirements

33 Waiver Submission Cover Letter with project and applicant info Restoration Plan Site Plan Narrative Description of Project and Justification of Water Resource Impacts USGS Topographic Location Map Environmental Assessment, if applicable Hydrologic and Hydraulic (H & H) Analysis, if applicable Erosion and Sedimentation Control Plan Cultural Resource Notice

34 Waiver Submission (continued) PNDI Search Form Color Photographs Mitigation Plan, if applicable Exemptions for projects where: <0.05 acres of wetlands ph<5 or elevated iron, aluminum or manganese Stream with AMD as predominant source, meets criteria above and <250 feet in length

35 Section 404 Clean Water Act Requirements Regional DEP staff will coordinate waiver requests with ACOE Note that ACOE permit/authorization may be required

36 Permit Requirements for Limestone Dosing Projects Diversion Wells Limestone Sand Dosing Mechanical Dosers Bin or Hopper Traverses Stream Bin or Hopper Adjacent to Stream